North Carolina § 148-23 - 1. Tobacco products prohibited on State correctional facilities premises.

§ 148-23. 1. Tobacco products prohibited on State correctional facilities premises.

The General Assembly finds that in order to protect the health, welfare, and comfort of inmates in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and to reduce the costs of inmate health care, it is necessary to prohibit inmates from using tobacco products on the premises of State correctional facilities and to ensure that employees and visitors do not use tobacco products on the premises of those facilities. No person may use tobacco products on the premises of a State correctional facility, except for authorized religious purposes. Notwithstanding any other provision of law, inmates in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and persons facilitating religious observances may use and possess tobacco products for religious purposes consistent with the policies of the Division. Except as provided in subsection (b) of this section, no person may possess tobacco products on the premises of a State correctional facility. Notwithstanding the provisions of this subsection, an employee or visitor may possess tobacco products within the confines of a motor vehicle located in a designated parking area of a correctional facility's premises if the tobacco product remains in the vehicle and the vehicle is locked when the employee or visitor has exited the vehicle. The Division of Adult Correction and Juvenile Justice of the Department of Public Safety may adopt rules to implement the provisions of this section. Inmates in violation of this section are subject to disciplinary measures to be determined by the Division, including the potential loss of sentence credits earned prior to that violation. Employees in violation of this section are subject to disciplinary action by the Division. Visitors in violation of this section are subject to removal from the facility and loss of visitation privileges. As used in this section, the following terms mean: State correctional facility. - All buildings and grounds of a State correctional institution operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Tobacco products. - Cigars, cigarettes, snuff, loose tobacco, or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping, or other personal use. The term includes vapor products. Vapor products. - Nonlighted, noncombustible products that employ a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution contained in a vapor cartridge. The term includes electronic cigarettes, electronic cigars, electronic cigarillos, and electronic pipes. The term does not include any product regulated by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act. History (2005-372, s. 2; 2009-560, s. 1; 2011-145, s. 19.1(h); 2014-3, s. 15.2(a); 2017-186, s. 2(ooooooo).) Editor's Note. - Session Laws 2005-372, ss. 3 and 4 provided for a pilot program banning smoking on the grounds of State correctional institutions as well as inside the institutions. Session Laws 2009-560, s. 4, provides: "The Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] and local confinement facilities shall ensure that sufficient notice is provided to inmates, staff, and the public of the prohibitions and penalties established in this act through the posting of signs in prominent places at all State correctional facilities and local confinement facilities and any other measures the Department and local confinement facilities deem necessary to sufficiently publicize those prohibitions and penalties." Effect of Amendments. - Session Laws 2009-560, s. 1, effective March 1, 2010, and applicable to acts committed on or after that date, rewrote the section heading; substituted "on the premises of" for "inside" throughout subsections (a) and (b); added the second sentence in subsection (b); added subsection (b1); and inserted "and grounds" in subdivision (d)(1). Session Laws 2014-3, s. 15.2(a), effective July 1, 2014, added the last sentence in subdivision (d)(2), and added subdivision (d)(3). Session Laws 2017-186, s. 2(ooooooo), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section.